Should I Get an Emergency Order of Protection?

 Posted on August 30, 2021 in Domestic Violence

Domestic violence and abuse are extremely prevalent in today’s society. However, we rarely talk about it. Some victims of domestic violence believe that the abuser will change or that the abuse was an isolated event. Others are unsure of whether the mistreatment they are suffering is even considered abuse under Illinois law. If you have been assaulted, abused, or threatened by a family member, current or ex romantic partner, or current or former housemate, read on to learn about Emergency Orders of Protection in Illinois.

Is The Situation “Bad Enough” for a Protection Order?

Men and women of all ages, ethnicities, and income levels can find themselves the victims of threats, intimidation, or violence. No one should ever be forced to tolerate a situation that makes them afraid for their safety or the safety of their children. However, many victims never get a protection order or restraining order because they assume that the mistreatment has not crossed the line into abuse.

It is important to remember that domestic violence often escalates. According to the National Domestic Violence Hotline, abusive people often escalate their behavior when they feel like they are losing control over the victim. If you feel unsafe, do not wait to take action.

The legal definition of abuse in Illinois includes much more than physical violence. Constantly following someone, threatening someone with a weapon, forced sexual contact, and harassment are also examples of behaviors that count as abuse under Illinois law.

What Does an Emergency Order of Protection Do?

An Emergency Order of Protection (EOP) is a court order that prohibits the subject of the order from continuing to harass or abuse the person who requested the order, called the petitioner. The petitioner can get an EOP without the subject being present or even knowing about the protection order.

An EOP may:

• Require the person to stay a certain distance away from the petitioner and the petitioner’s children

• Require the person to move out of a shared residence

• Force the person to surrender his or her guns

• Prohibit the person from coming to the petitioner’s home, workplace, or school

• Give temporary custody of children to the petitioner

The exact provisions of the EOP can be customized depending on your particular situation. The EOP goes into effect immediately and lasts for between 14 and 21 days. Then, you can file for a Plenary Order of Protection that lasts up to two years.

Contact a Markham Domestic Violence Lawyer

If you are worried for your safety or your kids’ safety, an order of protection may be right for you. For help seeking an order of protection, contact the experienced Joliet family law attorneys at The Foray Firm. Call 312-702-1293 for a confidential consultation to learn more.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

https://www.thehotline.org/resources/escalation/